If you are a regular reader of this blog, you are probably familiar with the six-factor test that the U.S. Department of Labor uses to determine whether an intern should be considered an employee for purposes of the Fair Labor Standards Act. (If not, DOL Fact Sheet # 71 provides a summary, and we explained
Interns
DOL Wage and Hour Division Announces Fiscal Year 2014 Recovery of $240 Million From Employers
Last week, Department of Labor Wage and Hour Division (WHD) Administrator Dr. David Weil, who we have profiled in the past, announced on the DOL’s blog that WHD recovered more than $240 million dollars from employers on behalf of workers during fiscal year 2014, which ended last September. This total was down about 4%…
Yes, Employers Can Still Have Unpaid Interns (Under the Right Circumstances)
In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. I hope that our more recent discussions of lawsuits that demonstrate the ever-narrowing segment of lawful unpaid internships have spurred some discussions and re-examination among…
Department of Labor Brief Provides More Guidance on Interns
In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. On the other hand, private employers must meet each point in a six-factor test for an internship to qualify as unpaid under the Fair Labor…
The Boys of Summer: Interns, Seasonal Workers and More
Memorial Day weekend has passed, the Major League Baseball season is in full swing, and summer is upon us. With apologies to Roger Kahn, for us wage and hour practitioners, the “Boys of Summer” (and girls!) are the wave of workers joining employer workforces for the next few months. Whether they are interns in your…
Do You Have to Pay Summer Interns?
Q. Summer has arrived and many employers have already supplemented their operations with student interns, but the question we see crop up repeatedly is, “do I have to pay interns?”
A. In the last few years, with a more competitive job market and corporate focus on reducing costs, we have seen an increase in the…
Webinar: What Do Universities and Colleges Need to Know About Wage & Hour Law?
I’m pleased to announce that on September 28, I will be conducting a webinar with my partner Ed Druck covering some common wage and hour issues encountered in the college and university setting and best practices for complying with the Fair Labor Standards Act and state wage and hour laws. Our program will focus on problems…
Webinar: What do Universities and Colleges Need to Know About Wage & Hour Law?
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Simply Calling A Job An Unpaid Internship Does Not Make It So
As summer break is about to begin, there is a significant decrease in the number of paid summer jobs available for students. As an alternative, there are a number of students hoping to land internships in the private sector. Given the number of students vying for these positions and the country’s continued slow economic…